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Real Estate Law

Real Estate Law

The Lawsuit Started With A Phone Call

by Kevin Perk January 13, 2014
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Title VIII of the Civil Rights Act of 1968 (also known as the Fair Housing Act) prohibits discrimination in the sale, rental or financing of dwellings based upon race, color, national origin, religion, sex, familial status and disability.  This law basically states that these seven criteria can have no basis in determining if a person […]

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Real Estate Law

The 411 About Specific Performance: It’s Unique And YOU Must Have It!

by Douglas Dowell December 20, 2013
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Man… that Van Gogh painting was going to look great on your wall in your office. You paid a princely sum. You have signed, sealed…then suddenly, for some unknown reason, the seller balks. Delivery never occurs. Your options after a breach of contract are always are to Do nothing and move on Negotiate Litigate If […]

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Real Estate Law

3 Important Things to Consider When Raising Private Money for Your Deals Today

by Douglas Dowell November 29, 2013
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“Ordinarily, I’d take you in my court and try you and hang you.” Judge Roy Bean What do broken windows have to do with real estate investors? Under the new SEC chairwoman, it seems more than just more rehab costs! Knowing the line between what is not and is a security goes along way for […]

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Real Estate Law

Contract Law 101: When is a Deal actually an Enforceable Deal?

by Douglas Dowell November 1, 2013
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An important theory on whether a party has truly a contractual right and obligation is based on the concept of a “meeting of the minds.” The purpose of this article is to give you a brief flavor of how to use that to increase your odds of getting what you bargained for. Since BiggerPockets is […]

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Real Estate Law

5 Simple Reasons to Use Arbitration Instead of Lawyers

by Douglas Dowell September 13, 2013
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Arbitration (from Investopedia dictionary) is defined as: An informal hearing regarding a dispute. The dispute is judged by a group of people (generally three) who have been selected by an impartial panel. Once a decision has been reached, there is no further appeal process. Speed is an important aspect to winning in business and real […]

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Real Estate Law

Marketing for Private Money Through Syndication: Stay Legal My Friends

by Douglas Dowell August 23, 2013
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“I don’t always market for private money, but when I do I stay legal” – The Most Interesting Investor in the World From afar it seems daunting. How in the world did they do that? How did they accumulate 2,000 or 5,000 or 50,000 units of multifamily properties? Surely they have more money than God […]

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Real Estate Law

The Definitive Guide to Legally Pooling Money for Real Estate Investments: Tips, Tricks and Traps.

by Douglas Dowell August 9, 2013
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“Whether you think you can or you can’t you’re right” -Henry Ford Having more deals than equity is a persistent obstacle active real estate investors will face.  It seems there are two ways to address this reality: Stay small and grow organically over time or Invite others into your opportunity via a private money campaign. […]

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Real Estate Law

Six Quick Tips on How to Avoid Lawyering Up!

by Douglas Dowell August 2, 2013
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“I feel the need….the need for speed” -Maverick from Top Gun I am not a lawyer these days and I don’t play one on TV. I must advise you to consult with your own counsel before making your decisions. The following article is drawn from my legal experience and days in the corporate real estate […]

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Real Estate Law

Different Types of Deeds and How to Use the Right One

by Tracy Royce May 23, 2013
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There’s a lot of talk in the investor world about “Getting the deed.” But when you’re purchasing a property or transferring ownership, how does all that title speak come into how you structure the deal? Disclaimer: I’m in Arizona, so some of these specifics may be a little different in your neck of the woods. […]

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Real Estate Law

Tenant Screening: Avoiding Discrimination Lawsuits

by Kevin Perk October 29, 2012
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Last week I discussed the importance of screening tenants.  I noted that tenant screening was perhaps the key to being a successful landlord.  This week I want to follow up on that article by discussing methods to screen your prospective tenants to avoid a discrimination lawsuit. What is discrimination? A quick Google search defines discrimination […]

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Real Estate Law

What Liability Do You Assume When You Allow Pets In Your Rental Property?

by Sharon Vornholt October 9, 2012
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There has been so much discussion on BiggerPockets about whether or not you should allow pets in your rental property. This is also a topic that comes up frequently at our REIA group. Some folks feel very strongly (like I once did) that they always end up damaging the property, so they just don’t allow […]

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Real Estate Law

Ground Leases 101: A Financing Alternative

by Treasa Burke October 5, 2012

Despite the relative return of liquidity in the credit markets, many real estate owners and developers are still facing an uphill battle to obtain sufficient funding for their projects. One way to move that project from the drawing board to the construction site is eliminate the high property acquisition costs and turn to ground leasing […]

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Real Estate Law

Avoid Mortgage Fraud: Don’t Let Your Buyers Request Land You in Trouble

by Ken Corsini September 19, 2012
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It still amazes me how many people think it’s okay to skirt the “rules” when it comes to selling real estate. I am in the process of selling a property I bought and rehabbed over the last few months. Most of my properties are sold directly to investors as turn-key rentals, but this particular one […]

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Real Estate Law

Commonly Overlooked Lease Issues: Third Party Rights

by Treasa Burke June 26, 2012

This series is devoted to highlighting those often neglected lease provisions and prevailing on our landlord readers to give them a second look when crafting their contracts. Last month, we looked at the benefits of affirmatively addressing the, dare I say, not uncommon occurrence of a landlord default on their lease obligations and potential tenant […]

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Real Estate Law

What’s in a [Deed] Name? An Exploration of Deeds and Warranties

by Treasa Burke January 8, 2012

Deed type is often a neglected negotiation point in transactional real estate, somewhere far after purchase price and the target closing date, but slightly before whether email notification is acceptable.  But the type of deed you receive from your seller can provide meaningful and long-lasting peace of mind (or angst) about the quality of title […]

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